What is the test for meeting the "some evidence" standard in the context of a federal government determination that a convicted criminal is a member of a criminal gang?

MultiRegion, United States of America

The following excerpt is from Rios v. Gipson, Case No. 1:14-cv-00520-LJO-BAM (PC) (E.D. Cal. 2019):

The administrative determination must meet the "some evidence" standard of Superintendent v. Hill, 472 U.S. 445, 455 (1985); Bruce v. Yst, 351 F.3d at 1287-88. Because the standard for "some evidence" is not high, a court need only decide whether there is any evidence at all that could support the prison officials' administrative decisions. Id. at 1287-88. A reviewing court does not "examine the entire record, independently assess witness credibility, or

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reweigh the evidence." Id. at 1287. However, the evidence supporting the administrative determination must bear "some indicia of reliability." Cato v. Rushen, 824 F.2d 703, 705 (9th Cir. 1987) (citations omitted). California regulations requiring three source items for gang validation do not dictate the outcome of the federal due process analysis. A single piece of evidence that has sufficient indicia of reliability can be sufficient to meet the "some evidence" standard. Bruce, 351 F.3d at 1288.

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